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GREEN COUNTRY MOBILEPHONE, INC. v. F.C.C.

No. 84-1226.

765 F.2d 235 (1985)

GREEN COUNTRY MOBILEPHONE, INC., and South Texas Mobilephone, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, LDS Cellular, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1985.

Attorney(s) appearing for the Case

Jerrold Miller, Washington, D.C., for appellants. Mark E. Fields, Washington, D.C., entered an appearance for appellants.

John P. Greenspan, Counsel, F.C.C., Washington, D.C., with whom Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel and Roberta L. Cook, Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

John Q. Hearne, Washington, D.C., was on the brief for intervenor LDS Cellular, Inc.

Before WRIGHT, MIKVA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Appellants challenge the Federal Communications Commission's refusal to accept their applications to provide cellular radio service. The FCC returned the applications as unacceptable for filing because they arrived too late. Pursuant to its regulations, the FCC closed its doors on the day of the deadline at 5:30 p.m.; appellants' applications apparently arrived sometime between 5:30...

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